March 31, 2009

Judge Eases Pretrial Release Conditions in Wone Case

Prosecutors this week got a reprieve in the Robert Wone case when a D.C. Superior Court judge granted more time to respond to a defense motion demanding greater detail about the indictment against Joseph Price, Dylan Ward, and Victor Zaborsky.

Lawyers for the three defendants filed motions demanding more information about the case, which alleges conspiracy, evidence tampering, and obstruction of justice. The lawyers call the indictment vague.

According to police, D.C. lawyer Wone was restrained, incapacitated, sexually assaulted, and fatally stabbed in August 2006 in the Swann Street townhouse where the three defendants lived.

Prosecutors failed to respond to the defense motion for a bill of particulars in time—the deadline was March 13—and asked Superior Court Judge Frederick Weisberg for an extension after the fact. Weisberg granted the request, according to court papers released this week. The prosecution asked for an extension until April 17.

Weisberg also granted a defense request to modify pretrial release conditions. Price, an Arent Fox partner, Ward, and Zaborsky no longer have to submit to weekly drug testing. All three are free on their own recognizance. Other pretrial conditions—including electronic monitoring—were removed at hearing in December.

Their lawyers, Bernard Grimm, David Schertler, and Thomas Connolly, respectively, argued in court papers that since their clients had repeatedly tested negative for drugs since their arrests last year, there was no need to continue the drug testing.

Weisberg has set a status conference for April 24. One of the big issues in the case now is whether prosecutors are holding back evidence from the defense. The lawyers recently filed motions to compel discovery.